Legal Problems Of Japanese Foreign M & A And Its Implications For China

In recent years, economic globalization, mergers and acquisitions(M&A) drivenby theory and practice to the rapid development.It has become one of the most activeareas in the Western economists.However, there are some differences between theJapanese culture and the Western culture.So at first acts of mergers and acquisitions infocus not popular in traditional Japanese nationalism.However, in recent years, manyJapanese into high-growth,and small and medium enterprises(SMEs) facing operatorsincreasingly aging successor.So that these SMEs have to face liquidation,dissolution.Coupled with the impact of the financial crisis, the domestic market fundsenvironmental degradation, the Deregulation and many other factors have led to manyJapanese business situation of enterprises is becoming more and more difficult.Inorder to allow enterprises to continue to exist, many Japanese companies are forced tochoose the mergers and acquisitions.Especially in2006, Japan announced a newCompany Law, the relevant legislation has become even more transparent.Statutes oflimitations increasingly fall apart, these factors make mergers and acquisitions all themore simplistic, diversified.Now the Japanese market has been relatively mature, but because of manyproblems faced by SMEs in recent years, making the Japanese market growth forstagnation.In contrast, China now is in the appreciation of the renminbi, well-funded,rapidly expanding market stage.And also of the "going out" inspired by the policy,Chinese enterprises also launched a large-scale overseas mergers and acquisitionsactivity.Among them, many domestic enterprises will target to invest in Japanesecompanies, Japanese companies with high-tech, utility patents, as well as senior brand,which are attractive for Chinese enterprises.China also no shortage of have thesetechnologies, patents and brand companies, but many companies also hope this basis,the Japanese companies have these advantages, to win greater success in the domesticmarket.At the same time, Japanese companies also enable it to continue to developthe necessary funds, which are beneficial for both sides. Although China and Japan is a narrow strip of water neighbors, but the twocountries because of differences in many aspects of geography, history and culture,social policy.Which makes the existence of some differences between our law andJapanese law.Therefore, in the enterprise of our country to Japan when M&A, isunavoidable because of the differences in their understanding of its legal existencedeviation, and the two countries have many differences in the trading habits, finallyled directly to the merger failed.This paper from the analysis of Japanese foreign capital mergers andacquisitions and relevant legal system, by using the comparative analysis method andexperience method.Through research and analysis of the basic motives of foreignmergers and acquisitions in Japan, constraints, as well as Japan’s experience inforeign mergers and acquisitions learned.And then summed up the risks faced byChinese enterprises in mergers and acquisitions of Japanese companies, precautions,and may lead to mergers and acquisitions fail.At the same time, because China is alsofacing a lot of cases of foreign mergers and acquisitions, foreign mergers andacquisitions in Japan, but also can learn from the successful experience of foreignmergers and acquisitions in Japan.To improve our system of foreign mergers andacquisitions, take advantage of our faster with international standards.To make somereference to our business success mergers and acquisitions of Japanesecompanies.And summarizes the lessons learned through the analysis of foreignmergers and acquisitions in Japan, to have a very good reference for our country.